Monday, July 31, 2023

Incomplete cross examination

 "When cross-examination is not and cannot be done or completed due to causes attributable to the party offering the witness, the uncompleted testimony is thereby rendered incompetent and inadmissible in evidence.47 From the record, Arriola had been granted sufficient opportunities to complete his cross-examination. He had been fairly warned and notified in the September 5, 2006 Order48 of the RTC that his cross-examination shall be reset for the last time, and that another failure to appear for cross-examination shall be cause for the striking off of his direct testimony. Due to causes known only to Arriola, he failed to even begin the same. Add to this that prior to his cross-examination, Arriola was already remiss in his attendance for various reasons in the hearings before the trial court.49"


G.R. No. 199975, February 24, 2020 

LUIS T. ARRIOLA, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

https://lawphil.net/judjuris/juri2020/feb2020/gr_199975_2020.html